| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 141 |
| Determination date | 15 May 2015 |
| Member | A Fitzgibbon |
| Representation | D S Lumsden ; K Dunn |
| Parties | Lumsden v Skycity Management Ltd |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought dismissal of certain parts of proceeding - Whether certain parts of proceeding frivolous and vexatious – - Applicant claimed respondent breached parties’ settlement agreement - Whether ss 149 and 238 Employment Relations Act 2000 (“ERA”) in conflict – Whether statement of problem recorded without prejudice communication – Bartender |
| Abstract | AUTHORITY FOUND –COUNTERCLAIM – PRACTICE AND PROCEDURE: Sections 149 and 238 ERA not in conflict. Applicant’s claim attempted to bring dispute regarding terms of settlement before Authority in breach of s149 ERA. Claim frivolous and vexatious. Statement of problem included paragraphs relating to allegations concerning other employees. No prospect of success regarding disputed paragraphs. Application to dismiss certain parts of proceeding granted. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s149;ERA s149(3)(b);ERA s238;ERA Second Schedule cl12A |
| Cases Cited | Philpott v ANZ National Bank Ltd [2011] NZERA Auckland 538;STAMS v MM Metals Ltd [1993] 1 ERNZ 115 ( EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Auckland_141.pdf [pdf 209 KB] |